Lasting power of attorney

A person will require a Lasting Power of Attorney if they wish to delegate their authority to someone they trust (normally a friend or family member) which will enable that person (“the attorney”) to make decisions on their behalf. The person granting the power is known as the donor. Such a situation can occur when an individual is concerned about their health, or their future health and their capacity to make proper decisions in the future. While Lasting Powers of Attorney are most often used to deal with the affairs of the elderly, if they are prepared much earlier in life they will give the same protection in the case of incapacity due to illness or an accident.

FAQ

Why (or when) someone would need this service?

A Lasting Power of Attorney does not restrict the right to control your affairs for as long as you are able. The appointment of an attorney means that there is someone to take over if you cannot cope. The important point to make is that they must be made whilst the donor has capacity.

If a person has already lost capacity to make decisions, then an application to the Court of Protection may be necessary. We can act as your attorneys if required and are frequently asked by clients to do so. If you do not wish to appoint us to be your attorneys, we can still prepare the documents for you.

There are two types of Lasting Power of Attorney available. The first concerns “health and welfare”. If this is obtained, it will enable the attorney to make decisions, regarding the person’s medical care and how they are looked after. This power can also allow the attorney to make decisions regarding the life sustaining treatment which the donor is to receive and can only be used if the donor has lost capacity to make decisions for themselves.

The second type of Lasting Power of Attorney concerns “property and financial affairs”. This will allow the nominated individual to make decisions regarding the other person’s home, money and investments. The donor can choose whether they would like to make the use of this power dependent on capacity.

Both types of Lasting Powers of Attorney may be made at the same time if required. They are frequently prepared when a Will is being drafted or updated for future planning.

How does the process work?

Once the particular type of Lasting Power of Attorney has been decided upon, clients are invited to attend a meeting with us at our offices in order to complete the form.

Once the form is completed it will be sent for registration to the Office of Public Guardian, for them to register and return the forms to us.

We always register the Lasting Powers of Attorney we prepare straight away so that they can be used should they be needed.

How long does it take?

Once the forms are completed, they can be lodged immediately for registration. The Office of the Public Guardian has a statutory waiting period of three weeks from the time it sends notification of registration out to appropriate persons. This notification is to provide anyone who is concerned about the application the opportunity to oppose it.

Generally the Office of the Public Guardian take around 10-12 weeks to register the forms once we have sent these to them.

Is it expensive?

We can work to a fixed fee. Please contact us for a quotation. The Office of the Public Guardian charge a fee of £82.00 per Lasting Power of Attorney.

What are the things people should consider before calling?

It is important that a donor thinks carefully about who they wish to have as their Attorneys, as they would be making important decisions on the donor's behalf. It is a way to ensure that the people the donor trusts, will be able to take importation decisions on their behalf if they become mentally or physically incapable of doing so for themselves.

What if my application is opposed/ disputed?

We have specialist lawyers that can guide you through the process and deal with any Court applications and hearings that are necessary. We have extensive experience in dealing with the Court of Protection and the Office of the Public Guardian.

Why are Grant Saw the best people for the job?

The probate team at Grant Saw offers experience in this area of law and can ensure that a Lasting Power of Attorney is registered promptly and cost effectively.